* Pursuant to 5 TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-40484 Summary Calendar In the Matter of: CLAMONT ENERGY CORPORATION, INC., Debtor LEO ROGERS DUGAS, Appellant, versus CLAMONT ENERGY CORPORATION, INC.; CLARON CORPORATION, INC., Appellees.

Appeal from the United States District Court For the Eastern District of Texas (1:96-CV-478) October 28, 1997 Before POLITZ, Chief Judge, JOLLY and STEWART, Circuit Judges.

PER CURIAM: * Leo Roger Dugas, proceeding pro se , appeals the district courtÂ’s dismissal The effect of a motion, such as one under Federal Bankruptcy Rule 9023 to alter or amend the judgment, shall run from the entry of the order denying such Fed.Bankr.R. 8002(b)(2). 4 This court has previously held that a motion to reconsider, brought before the time to appeal has expired, is more properly treated as a Rule 9023 motion, which tolls the 10-day period for appeals. In re Aguilar , 861 F.2d 873 (5th Cir. 1988). 3 motion. 3 Therefore, DugasÂ’ failure to file a notice of appeal within 10 days after the bankruptcy courtÂ’s ruling on the motion to reconsider compelled dismissal of the appeal by the district court. 4 That failure likewise compels our ruling.

The judgment of the district court is AFFIRMED.

1 See 28 U.S.C. § 158(a). 2 In re Moody , 41 F.3d 1024 (5th Cir. 1995)